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(영문) 창원지방법원 2018.01.23 2017고단2412

변호사법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] On August 31, 2017, the Defendant was sentenced to a suspended sentence of three years on September 8, 2017 by the Changwon District Court for a special injury, etc., and the said judgment became final and conclusive on September 8, 2017.

[Criminal facts] The Defendant, a person operating a livestock company’s “J”, has maintained the friendship with the L in Korea from March 21, 2015 to March 21, 2015.

On April 2016, the Defendant, with respect to the construction of a new livestock product distribution center ordered by the above K, made solicitation or arranged to enable the companies that are willing to participate in the construction to use the friendly relationship with the heads of the above agricultural cooperative L to receive the said construction and received a certain amount of compensation.

On April 2016, the Defendant was in a usual trading relationship at the “J” office operated by the Defendant in the Seocho-si Kimhae-si on April 2016.

N’s pro rata with the above L and 5% of the construction price are to be paid to the said L on condition that they would be paid to them so that the construction of the said Livestock Products Integrated Distribution Center may be ordered.

On the 13th day of the same month, the P'P' restaurant located in Yangsan-siO arranged the above N's type Q and the above L's meta in order to operate the construction enterprise.

Afterward, the Defendant: (a) stated the method of participating in the tender for the construction project in a consortium form; (b) demanded cash of KRW 300 million to be issued; and (c) promised to receive it; and (d) received KRW 100 million cash of KRW 50 million from the aboveN on June 23, 2016 from the above N on the pretext of soliciting the above L to receive the said construction project.

As a result, even if the defendant is corrected without changing the indictment by a person who is deemed a public official, the defendant does not seem to have a substantial obstacle to the exercise of the defendant's right to defense.

Money and valuables have been received under the pretext of solicitation or arrangement for the affairs to be handled by the Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement by the witness N and Q;

1. N.N.